Data protection standards
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Human Rights Court sets limits on right to monitor employees
On 5 September 2017, the Grand Chamber of the European Court for Human Rights (ECtHR) ruled on the Bărbulescu v. Romania case. It found that there was a breach of the right to family life and correspondence (Article 8 of the European Convention on Human Rights), as claimed by Mr Bărbulescu. Mr Bărbulescu was fired […]
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The lobby-tomy 6: Not in my backyard
Something you’ll hear in policy debates on the environment: windmills are a great idea and obviously good for the environment, but we don’t want them in our backyard. This argument doesn’t just apply to the debate on the environment, but apparently also in the debate on privacy protection. Representatives from industry speak convincingly about what […]
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Please sue us
Each of the Member States of the European Union is required to incorporate European directives into national legislation. If a Member State does not obey this obligation, the European Commission can sue this country in the Court of Justice of the European Union (CJEU). But what actions can a country take if such directives force […]
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Data Protection
This booklet is intended to provide an overview of some of the key issues and jargon surrounding data protection in the digital environment. At its core, data protection is about preserving a fundamental right that is reflected in the Charter of Fundamental Rights of the European Union, Council of Europe Convention 108, as well as […]
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Restrictions on cryptography in Spain
A proposal to modify the Spanish telecommunication law threatens the free use of cryptography. The current General Law of Telecommunications (Ley General de Telecomunicaciones (LGT) already puts some restrictions on the use of cryptography. The second part of article 52 (‘Cifrado en las redes y servicios de telecomunicaciones’, that is, network encryption and telecommunication services) […]
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EU row over airline passenger data transmission
The Commission’s secret talks with U.S. authorities on the transmission of air passenger data have caused a heavy clash between EU institutions. The Security spokesperson of the EP conservative fraction, the Austrian Hubert Pirker, announced today his fraction will take the Commission to the European Court of Justice. Since 5 March U.S. authorities have access […]
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Limiting the storage of traffic data
The European data commissioners (through the Article 29 working group) have pleaded for a maximum storage period of half a year for traffic data that telecommunication companies store for billing purposes. With the opinion paper the working group tries to limit the duration and scope of traffic data storage. “Traffic data should be kept for […]
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Update on anti-spam legislation
In the previous EDRI-gram 6 EU-countries were mentioned that already have a spam-ban, Denmark, Germany, Finland, Greece, Italy and Austria, plus Hungary and Norway in Europe-at-large. We can now add France, Romania and Poland to this list. French E-Commerce Directive (approved 26.02.2003 in the Lower House) http://www.assemblee-nationale.fr/12/ta/ta0089-2.pdf Polish E-commerce Directive (effective 10.03.2003) http://www.giodo.gov.pl/English/ust_podpis_el.htm Romanian E-commerce […]
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Data-retention scandal in Ireland
Ireland has had a secret data retention regime for almost a year, after the Cabinet confidentially instructed telecommunications operators to store traffic information about every phone, fax and mobile call for at least three years. The Irish Data Protection Commissioner Joe Meade revealed this last monday at a forum on data retention. Telcos even used […]
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Dutch interception secrecy
The quantity of police interceptions of telecommunication in the Netherlands is higher than anywhere else in the world, according to the few available official statistics. Government however, tries to maintain secrecy about the exact numbers and the technical specifications of the equipment. Last week, a Freedom-of-Information request by EDRi-member Bits of Freedom for statistics covering […]
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Criticism gone from EP report on safer internet plan
In a remarkable change of heart, rapporteur Bill Newton Dunn removed all criticism from his draft report on the Safer Internet Action Plan (EU Document Number COD/2002/0071). In stead of the original recommendation to discontinue the program because of its complete in-effectiveness, Mr. Newton Dunn (British Liberal) now pleads for an extension of the program. […]
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Microsoft Passport does not comply with European privacy rules
Microsoft has agreed to change its Passport authentication system, after the publication on 29 January of a very critical review by the united EU privacy commissioners. Besides the Microsoft .NET Passport system, the commissioners, united in the so-called Article 29 Working Party, also examined the Liberty Alliance Project. The review concludes with general guidelines for […]
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